Break and Enter Charges in Ontario

If you have been charged with Break and Enter (also commonly called B&E or burglary) under section 348 of the Criminal Code of Canada, you are facing a serious criminal offence. A conviction can result in a criminal record, significant jail time, and long-term consequences for employment, travel, and immigration status.

Aswani K. Datt provides experienced, strategic, and aggressive defence representation for clients charged with Break and Enter throughout Mississauga, Brampton, Toronto, Oakville, Milton, Burlington, and the surrounding Greater Toronto Area courts.

Call our office now at 905-755-0104 or click the link at the top of this page to book a consultation.

What is Break and Enter?

Under section 348 of the Criminal Code, a person commits Break and Enter when they:

• Break and enter a place with intent to commit an indictable offence inside;
• Break and enter a place and actually commit an indictable offence inside; or
• Break out of a place after committing an indictable offence, or after entering with the intent to commit one.

Important points:

• A forced entry is not required. Entering through an unlocked door or open window without permission can still constitute a “break.”
• The Crown does not always need to prove that anything was actually stolen or that another crime was completed — the intent to commit an indictable offence is often enough.
• The most common intended or committed offence is theft, but it can also include mischief, assault, or other indictable offences.

Dwelling-House vs. Other Places

The law treats Break and Enter into a dwelling-house (a residence or home) far more seriously than Break and Enter into a non-residential place (such as a store, warehouse, office, or garage).

Type of Place	Maximum Penalty	How the Charge Proceeds
Dwelling-house (home, apartment, etc.)	Life imprisonment	Straight indictable
Other place (business, warehouse, etc.)	10 years imprisonment	Hybrid (Crown can choose summary or indictable)

There is also a related offence of Being Unlawfully in a Dwelling-House (s. 349), which carries a maximum of 10 years.

Home Invasion – Aggravating Factors

Under section 348.1, if the Break and Enter involves a dwelling-house that was occupied at the time, and the accused knew (or was reckless) that it was occupied and used violence or threats of violence, the court must treat this as an aggravating circumstance on sentencing. These cases are often referred to as “home invasions” and typically attract significantly higher sentences.

Related Charges Often Laid Together

Break and Enter charges are frequently accompanied by:

• Theft (under or over $5,000)
• Possession of Property Obtained by Crime
• Mischief
• Possession of Break-in Instruments (s. 351)
• Assault or Uttering Threats (in home invasion cases)
• Fail to Comply / Breach of Recognizance

Penalties and Consequences

• Dwelling-house: Maximum life imprisonment
• Non-dwelling: Maximum 10 years (or summary conviction maximum of 2 years less a day)
• Criminal record
• Possible driving prohibitions or other ancillary orders in some cases
• Significant impact on employment, professional licences, and immigration status
• Difficulty obtaining insurance or housing in the future

Even first-time offenders can face jail sentences, particularly where the offence involves a residence or home invasion circumstances.

How Aswani K. Datt Defends Break and Enter Charges

Successful defences often focus on:

• Whether a true “break” occurred
• Whether the accused had a lawful excuse or permission to be on the property
• Whether the Crown can prove the required intent to commit an indictable offence
• Identification issues (who actually entered the premises)
• Charter violations (unlawful search, right to counsel, etc.)
• Reliability of forensic evidence (fingerprints, DNA, surveillance video)
• Raising a reasonable doubt about the presumption of intent under s. 348(2)

Aswani K. Datt carefully reviews the complete disclosure, identifies weaknesses in the Crown’s case, and develops a tailored defence strategy. The goal is always to achieve the best possible outcome — whether that is a complete withdrawal of the charges, a reduction to a less serious offence, or an acquittal at trial.

Act Quickly – Your Freedom and Future Are at Stake

Break and Enter charges are taken very seriously by the courts, especially when a residence is involved. Early legal advice is critical to protecting your rights and exploring all available options.

Call 905-755-0104 now to speak with Aswani K. Datt, or click the link at the top of this page to book a consultation for available times.

You do not have to face these charges alone. Get experienced criminal defence representation today.